Human Rights Commission calls for Lia Finocchiaro to scrap CLP’s youth justice plan

A Sydney-based federal agency has weighed into the Territory’s youth-justice debate, calling on the new CLP government to scrap plans to lower the age of criminal responsibility from 12 to 10.

A Sydney-based federal agency has weighed into the Territory’s youth-justice debate, calling on the new CLP government to scrap plans to lower the age of criminal responsibility from 12 to 10.

National Children’s Commissioner Anne Hollonds and Social Justice Commissioner Katie Kiss issued a statement on Friday targeting the Territory government’s reforms and calling for the CLP to address “the root issues”.

Chief Minister Lia Finocchiaro dismissed the call, saying “ignoring” juvenile crime would not resolve the problem.

The Commission warned of “dire” consequences and urged the NT government to adopt recommendations from a report launched in Canberra on Thursday that contains a “road map for reform” of the criminal justice system, including the establishment of a national taskforce.

In Friday’s statement, the commissioners warned that a “tough on crime” approach would contribute to increased criminal activity.

Ms Hollonds said the NT Government’s plan ignored evidence while Ms Kiss said the change condemned first nations people “to a lifetime of abuse”.

Katie Kiss. Pic: Interim Truth and Treaty Body

​“Lowering the age of criminal responsibility condemns first nations children to a lifetime of abuse, deprivation and disadvantage,” she said

“Our children are disproportionately affected by the failing ‘tough on crime’ approach, which only serves to perpetuate racial profiling and negative stereotyping.

“The NT’s proposed laws, which will combine reducing the age of criminal responsibility with the reintroduction of ‘nuisance’ public drinking measures, will have a significant impact on first nations children in the child justice system and their families. It also undermines the NT Government’s commitments under the national Closing The Gap agreement.

“Instead of finding positive solutions, we are instead criminalising first nations children, and children with disabilities, learning problems and mental health issues. The consequences for us all if this practice continues is dire.

National Children's Commissioner Anne Hollonds. Picture: NewsWire / Gaye Gerard

“Recent tragedies and deaths in custody and the child protection system clearly show that current approaches are not working. Kids need care, love and support so they can shake off generational disadvantage, have hope for their futures and feel they are valued and belong.

“I hope the NT Government heeds our call, listens to the experts and puts the futures of our children front of mind. We stand ready to offer our support in any way.”

Ms Hollonds said the change would increase rates of child offending.

“The younger a child comes into contact with the criminal justice system, the more likely they will go on to commit more serious and violent crimes. Lowering the age of criminal responsibility to 10 years will not make communities safer, it will only see rates of child offending increase,” she said.

“These are primary school age children, and harsh, punitive responses are not the answer.

“The fact that this new law will be brought to the NT parliament clearly shows its government has misunderstood the problem and solutions based on evidence. It also shows the other systems meant to help children with complex needs, and their families, such as health and education, have failed.”

Ms Finocchiaro said under 12s who commit crimes are currently “falling through the cracks in the Territory”.

“Ignoring young people who commit crimes is not the answer to turning their life around,” she said.

“We can intervene earlier in a young person’s life and provide them the support they need to start a better journey of skills training, rather than end up in an adult correctional facility, which was almost certainly their destiny under Labor.”

Originally published as Human Rights Commission calls for Lia Finocchiaro to scrap CLP’s youth justice plan